Business Law

Today’s Objectives Define tort law.

Distinguish between a crime and a tort.

Identify common torts.

Explain penalties associated with torts.

The Nature of Tort Law Based on the

idea that everyone has certain rights

Walk freely without being falsely arrested

Right to privacy

Right to a good name & reputation

Everyone has the duty to respect the rights of others.

Tort law enforces those rights and duties.

What is a tort? A private

wrong committed by one person against another.

Elements of a Tort 1. Possession of

certain rights by an innocent party

2. Violation of those rights by the tortfeasor

3. Resulting injury that somehow hurts the innocent party

Key Terms in Tort Law Victim– the person who is

injured; may be referred to as the plaintiff or innocent party

Tortfeasor – the defendant in the lawsuit; person who committed a tort

Criminal Law vs. Tort Law

Crime Tort

Committed against the public good

Follows criminal trial procedure

Purpose of criminal law is to protect society by punishing criminal offenders

Committed against a particular person or property

Considered a civil or private wrong

Purpose of tort law is to compensate a victim for injuries suffered

Intentional Torts Intentional torts are

actions that deliberately hurt, embarrass, or scare people.

Intentional Torts

Assault and Battery An assault is

threatening to harm an innocent person

An assault has occurred as soon as you are afraid of immediate harm to your body.

Example: someone pulls a knife on you

Battery involves the unlawful, unwanted touching of another person.

Can also be touching something closely associated with a person’s body (like a backpack or hat)

Example: pulling a chair out from under someone

False Imprisonment People have a right

to move around freely.

Example – security guards must have reasonable grounds to suspect a shoplifter and may only hold the person in a reasonable way for a reasonable amount of time

Defamation Defamation occurs

when someone lies about another person in a way that hurts the innocent person’s reputation.

Libel – written, printed, or recorded lies about a person

Slander – verbal or spoken lies

Invasion of Privacy Interfering with a

person’s right to be left alone

Examples:

Patient confidentiality at the doctor’s office

Permission required to use your photograph, likeness, or name for advertising, publicity or marketing

Intentional Torts

Trespassing Interfering with

someone’s real property (land)

Includes things built on the land (storage shed) and things attached to the land permanently (house or tree)

Nuisance Anything that

interferes with the enjoyment of property

Examples: Loud music at

night

Foul odors

Unintentional Torts

Accidents Happen… Negligence is a tort that results

when one person carelessly injures another.

Negligence is being less careful than a REASONABLE person should be in the same situation.

To succeed in a tort suit for negligence, the plaintiff must prove that all FOUR elements existed.

Elements of Negligence 1. Defendant owed the plaintiff a duty

of care

2. Defendant breached that duty by being careless

3. Defendant’s carelessness was the cause of the harm

4. Plaintiff was actually harmed by the defendant’s carelessness

Elements of Negligence

Duty Breach

Obligation to use a reasonable standard of care to prevent injury to others

Reasonable Person Test – a reasonable person considers how likely a certain act is to cause harm, how serious the harm would be, and the burden involved in avoiding the harm

Elements of Negligence

Cause Actual Harm

Action or behavior must be the proximate cause of injury

Proximate cause, also called legal cause, exists when the link between the negligent conduct and the injury is strong enough to be recognized by law.

The victim must suffer an injury, have property destroyed, or lose a lot of money.

Unintentional Torts

Strict Liability Strict liability is a legal doctrine that

says that some activities are so dangerous that liability will always follow any injury that results.

These activities involve a great risk to people and property … the risk is so great that no amount of care will eliminate it.

Example: using explosives, keeping wild animals as pets

Product Liability When people are

injured by defective products, both the firm that manufactured the product and the seller of the products are liable for injuries.

Fault does not matter.

Limits to Product Liability

Does not apply if the seller does not usually sell that type of item

Does not apply if the only damage done by the product is to the product itself

Penalties Associated with Torts

Damages can be awarded to the injured party.

The plaintiff gets something (like money) from the defendant.

Court may issue an injunction to the defendant.

The court orders the defendant to do or NOT do something.

Case Study